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FAQ - Form I-360

What is the purpose of Form I-360?
Your Form I-360 will determine if you qualify for: A deduction for taxes you paid on business income you generated, plus an additional deduction for taxes you paid on the business income and sales tax you paid. See the box to the right for information on how to figure your business income or sales tax. If you are filing as a married couple, you can choose to figure business income and sales tax separately for each spouse. See “What's the difference? Part I: The Difference Between “Business Income” and “Business Sales Tax” and Part II: The Difference Between “Business Income and” “Business Sales Tax,” for details. If you filed Form 1040 or Form 1040A, the business income or sales tax you paid may reduce certain itemized deductions. See Itemized Deductions in Pub. 1220. If you deducted less than your basis for the deduction and are subject to alternative minimum tax (“AMT”) or the alternative minimum tax system, contact our Website or call Customer Service at, 7 a.m. to 5 p.m. Eastern Standard Time (EST), Mon. — Fri., to determine if you are eligible for or will be assessed an additional AMT rate at their rate. See Publication 551, Sales and Gains, for information about the AMT. The amount of the AMT is also included in determining the basis for figuring your deductions (and may reduce the amount of your tax savings). See Pub. 1220 for more information on taxable income and itemized deductions. A deduction for taxes on interest you paid on loans you made. See Interest Deduction in Pub. 1219. You can get more info on your deductions at . If you took a deduction on your federal income tax return for income or sales taxes, and you are now claiming a deduction for business expenses, there may be a penalty assessed if a tax has not already been withheld from your wages for that tax. See Penalty for Late Filing and Estimated Tax (Form 1040-ES) in Pub. 970. You might be able to avoid this penalty by either claiming the deduction in your Form W-2 or by using your Form W-2 to report the income that would have otherwise been includible in your wages, or you might be able to claim the deduction in lieu of using your Form W-2. See Deducting Taxes for More Information, later.
Who should complete Form I-360?
Individuals and couples that want to apply online for the Social Security number (SSN) can complete Form I-360. You might want to check with the Social Security Administration (SSA) to verify that you are eligible to apply online. Other Individuals or Family If you want to apply for a social security number for a member of your family, they can complete this form. If you are applying for your spouse (if filing as head of household), you will need to complete a separate Form IT-400. If you are applying to an organization like the military, they will need a copy of their enlistment contract or other legal document proving their relationship to you. If you are filing as an emancipated minor or dependent on child support, you will need proof that you or your spouse live with you. These documents must include: Birth certificate showing the date of filing your petition; Court papers proving you live with your parent or legal guardian; Social Security/State income tax filings or divorce documents; or A copy of a custody and/or child support order of the judge. Social Security Numbers for Children In some cases, you may need an SSN for a spouse, parent, grandparent, or other relative. In these cases, you can check with SSA to determine if you are eligible. If you are claiming an earned income exemption, you will need to verify your spouse's SSN. Otherwise, you can fill out the SSN section of Form SS-5, Application for Social Security Number on File with IRS. Other Social Security Numbers You can apply for a Social Security number for a person you hired as an independent contractor.
When do I need to complete Form I-360?
You must complete or amend your Form I-360, Notice of Intention to Claim Income Tax Credits, before the due date of the return that includes the Form I-360 (or any other form you may need to claim your tax credits for the year) or within 30 days after the end of the year. The 30 days starts on the first day of each month that is 30 days or more after the end of the previous month. If the date specified in your I-960 is after October 15, the 30 days just ends on October 31. You must complete form I-360 before the end of the calendar year (January 31). I am self-employed. Do I report and pay taxes for the following year as if I had an employee? Yes. You report and pay taxes the same way you did the year before. Can I take a deduction for self-employment taxes? You may claim a deduction for self-employment taxes on Schedule C (Form 1040). Generally, you can't take a deduction for self-employment taxes unless (1) you have income from sources within the United States, (2) you report the income on a Form 1040, Line 21, to report your self-employment income, and (3) your employee works for you. If you do report your employee as self-employed, the employer must report his or her share of self-employment income on Form 1040, line 21, line 13 of Form 5498 and Form 5628T. The employer must deduct an amount equal to an “employer share” of these taxes from the employee's wager winnings or loss. Form 941-A is used to report wager losses for employee share tax purposes. I am an employee of a corporation. Does Form I-864, Amended and Restated Certificate of Corporation Income Tax, have to be filed by me? No. The corporation can provide you with Form 986, Amended and Restated Certificate of Corporation Income Taxes, if you are not able to file Form I-864. However, you must fill out the form. Use Form 3921, Certificate of Election to Employ an Alien (or Other Person) as a Nonresident Alien as the person who will file Form 986. I am an employee of a trust. What do I do? You generally have to file a Form 706, Interest and Dividends Payable from the Trust. This form is filed by the trustee.
Can I create my own Form I-360?
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What should I do with Form I-360 when it’s complete?
When a Form I-360 is complete, you should either: If you have made any additional claims or additions to previous claims prior to the final submission of Form I-360, these claims can continue to be filed with the U.S. Department of State. When the forms are submitted to the Department of Health and Human Services, they can be used as a proof of identity, including for Medicare Parts A and B. If a Form I-360 was completed, but a claim is denied as a result of failure to file by the date, the claimant or person seeking to receive federal funds that have been improperly withheld from them may have to complete the appropriate claims form for the IRS with the Federal Tax Administration and file this claim with the U.S. Department of Justice, and the U.S. Department of the Treasury. Also, the U.S. Department of State can file a formal request (Form DS-13-00) to request federal funding for that individual or group of persons based on the information contained on Form I-360. If the claim is successful, the Federal government will return the entire amount erroneously withheld from the claimant or person. If a Form I-360 has been completed, but a claim is denied by the deadline for filing the same form, the claimant or person seeking to receive federal funds that have been improperly withheld from them can appeal to the Tax Court of the county where the Form I-360 was made. Can I use I-360 for federal purposes? Yes. I-360 should not be used to: establish citizenship, immigration status or residence for the purposes of determining the eligibility to receive federal or state benefits; apply to an individual or a group of individuals that is not entitled to federal benefits on the basis of the U.S. immigration laws, other than to apply individually or in a group that does not include an eligible illegal alien or a person otherwise designated to receive such benefits; appeal an adverse determination of social security status on the basis of immigration status; apply to any individual who is not a citizen, eligible alien, illegal alien or person otherwise designated to receive such benefits; or Appeal a decision regarding the eligibility of any individual who meets the eligibility requirements, but is not entitled to benefits or who is entitled to benefits that are not provided at all by the Act.
How do I get my Form I-360?
In order to file your Form I-360, send a paper copy of the Form I-360 to USCIS at: P.O. Box 597345, Washington D.C. 20024 Form I-360 Instructions and Criteria To file Form I-360, answer the following questions and attach a copy of the information you will provide: Did you apply for a visa? No (You are not required to provide this if you are an immediate relative.) (You are not required to provide this if you are an immediate relative.) Yes (You must provide the following information for any U.S. citizen family member who received visas under the H-1B or H-1B1 categories.): (You must provide the following information for any U.S. citizen family member who received visas under the H-1B or H-1B1 categories.): You received your visa from an employer within the United States on that application. (You are not required to provide this information if your employer is a member of the United States and you were sponsored by a U.S. employer.) Yes (All other family members of the citizen must provide supporting documents and information for the citizen that: Have not been included on the Form I-360 filing.) (All other family members of the citizen must provide supporting documents and information for the citizen that: Have not been included on the Form I-360 filing.) Have all the required documentation. Was denied a visa? No Yes (If you are applying on behalf of a child or spouse of the citizen, fill the boxes labeled “Applicant is spouse or child of a U.S. citizen” or “Applicant is parent or child of a U.S. citizen.”) (If you are applying on behalf of a child or spouse of the citizen, fill the boxes labeled “Applicant is spouse or child of a U.S. citizen” or “Applicant is parent or child of a U.S. citizen.”) (A person claiming to have an H-2A petition is required to attach a copy of the H-2A petition and supporting documents. An H-2A petition is an authorized petition for the employment of H-3 visa holders for temporary employment in a position for which the petitioning employer may have to pay H-2B wage rate.
What documents do I need to attach to my Form I-360?
If you want to apply for an N-400 or a Form I-602/I-360, you do not need to attach any documents to your application. However, if you are applying for your N-400 certificate or your Form I-360 application, you must attach the following documents, unless the document is already on file for you with FAFSA: Your N-400 certificate or Form I-360 application Your birth certificate (if you weren't born in the U.S. or if you don't have a birth certificate) Your passport photo Official high school and college transcripts Proof of residence for the years in your high school program, college, and/or military service Your birth certificate and/or any other document from the United States government or the foreign government(IES) showing you were born in the US If you are a veteran, you must attach your DD-214, discharge papers, and/or other official documentation showing that you served in the US military If you are applying for a family member's N-400 certificate, you must attach the following documents, unless the document is already on file for you with FAFSA: Proof of ownership of your household Proof of enrollment in a post-secondary institution (for example, if you enrolled in a degree program from an accredited institution) Military discharge papers If you have additional qualifying documentation not on file, contact the USSR State Program Center at. Where can I find out more about the N-400 program? For more information about the N-400 program or about the FAFSA, you can always contact your nearest United States Citizenship and Immigration Services (USCIS) field office. What happens after my N-401 application is approved? After you have your N-400 certificate/form I-360 approved, you will have 30 days to begin the N-400 process (see How do I start the N-400 process?).
What are the different types of Form I-360?
There are three main types of Form I-360: Form I-360—a self-represented entity Form 706—a corporation or partnership Form 720—a trust or estate To calculate which type of entity you are, you need to know the legal form or type of person in which you make your financial or investment decisions. Types of U.S. tax returns and returns filed by non-citizens include Form I-360 for a self-represented entity in which you are not a U.S. citizen or resident, and other documents filed by non-citizens. Form I-360 contains information on your financial affairs, including: Your income and assets Gross income and taxable wealth Payments received and refunds paid Other debts you have Interest and dividends paid Deductible expenses Taxable distributions, tax credits, capital losses, and business losses Non-U.S. residents must use Form 720 instead of I-360 if they cannot file their income tax return, or can't fill out Form I-360 alone, or their income does not meet U.S. income limits. How do I work this tax return? To work this tax return, you need to: Fill out the individual or joint-filing return for which you're required to file File and attach a copy of your U.S. income tax return to Form I-360 File the self-represented entity income tax return on Form 706 If you have no income or income over your U.S. income limits, we'll automatically file your tax return on Form 720 If you have income on which your share, or you're liable to pay tax but don't have a Form 706 and are not a U.S. citizen or resident, you need to use a legal entity to pay your taxes. This includes corporations, trusts, estates, partnerships, cooperative corporations, and real estate investment trusts (Rests). This may create new challenges for you. We'll help you sort things out. Do I pay tax on my interest and dividends? Yes, if you derive any gain from your interest or dividends, you may subject you'll receive a withholding of tax at the top of the applicable income tax brackets. The withholding can vary depending on the size of the withholding and its timing.
How many people fill out Form I-360 each year?
Affected individuals may have had more than one I-360, which could have resulted in a single form we had to return to various government partners each year, which could add time to processing times. How many people actually use the refunding of I-360? About 6,000 I-360 filings were processed through the program annually, a little over half of which were tax returns of non-U.S. citizens living abroad who paid federal income taxes. Is there a limit on how many returns you process each year? No, anyone who paid their taxes on a timely basis can request a refund. You will be notified upon receipt of your request. For this reason, the IRS cannot guarantee an expedited review by the program. If you received an electronic refund check from I-360, you can make an electronic request to request a refund through IRS.gov. How do I return Form I-360 to the IRS? You can request an I-360 refund through the following mechanisms: 1) Go online to IRS.gov/I-360, and select Request for Refund Link to file Form I-360. 2) Print Form I-360 from the form provided, and mail it to the IRS where it can be prepared for processing. 3) Call the toll-free I-360 telephone number () to submit a request for refund. For information about requesting I-360 refunds and other important tax topics, visit IRS.gov/irb/intro. Note: There is no one-stop shop for submitting a form to the IRS through the I-360 program. You must file the required information electronically. You can file Forms I-360 electronically by downloading the free series Program Software and completing a few quick steps. Or you can do a traditional paper return by printing the required forms and filling them out on the physical paper form. You will need some assistance to fill out the forms and print them (to assist you in completing the forms, please check our online Frequently Asked Questions page). You may also find it helpful to have a trusted friend assist you by transcribing the information in question and completing it for you. We encourage you to have the forms and supporting documents on hand for the I-360 filing process. We may not be able to provide assistance in the traditional paper filing process.
Is there a due date for Form I-360?
There is a due date for your Form I-360. This date is the original filing date for Form I-360: (You must provide a Form I-360) You have been filing Form I-360 since before October 31, 2016, and your tax return includes Form 8962, which you must file with your return (or if you were using an online return file, you must file Form 1040X or Form 1040X 2016 if you wish to receive an amended return) Form I-360 cannot be delayed more than 90 days from the time you filed your tax return. If you file Form I-360 by: December 31, 2015, you MUST use Form 3520-FZ to file all your tax return information by December 31, 2017. If you used Form 8069 for the tax return information as a “paperwork exemption,” you are required to use Form 3520-FZ that states that you were exempt from filing a paper tax return for the tax year. The exemption issued by the IRS is effective for the tax year. If you are issued a paper I-360 before the due date or have already filed a complete I-360, you may be issued Form 3520-FZ. If, for any reason, you do not complete all the forms required to have a new I-360 filed: You must file with your return Form 1040X and Form 1040, if applicable. You are still allowed to do the return processing through the IRS web page or online by checking to see whether the information you are requesting is there. How do I file Form 8069 or Form 810 if there are errors on my Form 1040, I-822, or I-823, or an information on it is not correct? The Form 8069 and Form 810 can be filed by the employee or the employee's representative. The employee must fill out the form by hand. Your representative may use Form 1040X or Form 1040, if applicable, to complete the I-X form.
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